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M <br />[Departmental Use Only] <br />TITLE HHW collection <br />FY 2012 <br />NORTH CAROLINA <br />SERVICES AGREEMENT OVER $90,000.00 <br />RFP — NO REIMBURSABLE EXPENSES <br />ORANGE COUNTY <br />This Services Agreement (hereinafter "Agreement "), made and entered into this 15t" day of <br />May, 2012, ( "Effective Date ") by and between Orange County, North Carolina a body politic <br />and corporate of the State of North Carolina (hereinafter, the "County ") and Clean Harbors <br />Environmental Services, Inc., a Massachusetts Corporation(hereinafter, the "Provider "). <br />WITNESSETH: <br />I <br />That the County and Provider, for the consideration herein named, do hereby agree as <br />follows: <br />1. Definitions. Terns used in this Agreement are defined as follows: <br />a. Resource Conservation and Recovery Act (RCRA): An amendment to the federal Solid <br />Waste Disposal Action of 1965, RCRA was enacted in 1976. Within this Agreement the <br />acronym RCRA does not only refer to the statute itself, but also to corresponding <br />regulations codified in the Code of Federal Regulations (CFR), guidance and policy. The <br />definitions that follow are based on those established by RCRA, and are intended to <br />reflect the meaning created by RCRA. <br />b. Hazardous Waste: A waste with properties that make it dangerous, or capable of having <br />a harmful effect on human health and environment, as determined by RCRA. <br />c. Acutely Hazardous Waste: As defined by RCRA, Acutely Hazardous Waste are Listed <br />Wastes that are accompanied by the hazard code (H) and are subject to stricter <br />management standards than most other wastes. <br />d. Listed Wastes: Wastes that are considered hazardous under RCRA because they meet <br />specific listing descriptions. The Environmental Protection Agency (EPA) has applied <br />the listing criteria to hundreds of specific industrial wastestreams. These wastestreams <br />are grouped into four lists located at 40 CFR Part 261, Subpart D. Each listed waste is <br />assigned a hazard code by the EPA to indicate its reason for listing a waste. <br />e. Household Hazardous Waste (HHW): Waste generated by a household that could <br />technically be Hazardous Waste (as defined above) but that is exempt by RCRA from <br />the definition of hazardous waste. <br />f. Conditionally Exempt Small Quantity Generator (CESQG): A commercial business, <br />facility or other non - household entity that produces less than 100 legs of hazardous <br />waste, or less than 1 kg of acutely hazardous waste, per calendar month. <br />Revised July 2010 1 <br />